HomeMy WebLinkAboutContract No. 2013 2500 Joint and Cooperative Agreement
for the Mississippi Watershed
Management Organization
City of Columbia Heights
City of Fridley
City of Hilltop
City of Lauderdale
City of Minneapolis
City of St. Anthony Village
City of Saint Paul
Minneapolis Park and Recreation Board
2012
247575 CLL MD160-1
Table of Contents
Page
Membership 1
Article I Legal Purpose 2
Article II Definitions 3
Article III Board of Commissioners 5
Article IV Powers and Duties of the Board of Commissioners 7
Article V Budget and Financial Matters 11
Article VI Capital Projects 13
Article VII Duration 15
Article VIII Dissolution 16
Article IX Amendments 17
Article X Effective Date 18
Member Authorization 19
Legal Description Appendix A
Watershed Boundaries Appendix B
247575 CLL MD160-1
Membership
This Agreement entered into as of the date of execution by and among the following:
Cities of
Columbia Heights
Fridley
Hilltop
Lauderdale
Minneapolis
Saint Anthony Village
Saint Paul, and
the Minneapolis Park and Recreation Board
for the establishment of a Watershed Management Organization. The aforementioned cities and
the Minneapolis Park and Recreation Board shall hereinafter be referred to as Members.
WHEREAS, the Members have authority pursuant to Minnesota Statutes, Section 471.59 to jointly
and cooperatively by agreement exercise powers common to the contracting bodies pursuant to
Minnesota Statutes, Section 103B.201 to 103B.253 and
WHEREAS, the Members desire to plan a comprehensive water management program in
accordance with Minnesota Statutes, Sections 103B.201 to 103B.253;
NOW THEREFORE,the parties to this Agreement do mutually agree as follows:
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Article I
Legal Purpose
The purpose of this Joint and Cooperative Agreement for the Mississippi Watershed Management
Organization is to replace the Joint Powers Agreement for the Middle Mississippi River Watershed
Management Organization executed in 1985, the Joint and Cooperative Agreement for the Middle
Mississippi River Watershed Management Organization of January 1997, the Joint and
Cooperative Agreement for the Mississippi Watershed Management Organization of January 2002,
and the Joint and Cooperative Agreement for the Mississippi Watershed Management Organization
of May 2011.
The purpose of the Mississippi Watershed Management Organization, as provided for in this
Agreement, is to provide for the wise, long-term management of water and associated land
resources within the watershed through implementation measures that realize multiple objectives,
respect ecosystem principles, and cultural and historical community values. The Mississippi
Watershed Management Organization seeks to: (a) protect, enhance, and restore the quality and
quantity of surface and ground water resources within the Mississippi Watershed Management
Organization jurisdiction; (b) protect, preserve, and use natural surface and ground water storage
and retention systems; (c) efficiently utilize public capital expenditures needed to correct and
control flooding and water quality problems; (d) identify and plan for means to use protect and
improve surface and ground water quality; (e) establish more uniform local policies and official
controls for surface and ground water management; (f) promote ground water recharge; (g) protect
and enhance fish and wildlife habitat and water recreation opportunities; (h) secure the other
benefits associated with the proper management of surface and ground water; and (i) promote and
encourage cooperation among Members and among other organizations in coordinating local
comprehensive water management programs.
A legal description and map, Appendix A and Appendix B of this Agreement, respectively, of the
boundaries of the Mississippi Watershed Management Organization are included pursuant to
Minnesota Rules 8410.0030, Subpart I.B.
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Article II
Definitions
For the purpose of this Agreement, the terms used herein shall have the meanings defined in this
article.
Subdivision 1: "Organization"means the Mississippi Watershed Management Organization.
Subdivision 2: "Commission" means the governing body of the Organization and shall consist of a
Commissioner or Alternate from each of its Members.
Subdivision 3: "Commissioner" means any person appointed to the Commission by each
Member's governing body, or in the Commissioner's absence, the Alternate.
Subdivision 4: "Alternate" means any person appointed to the Commission by each Member's
governing body to represent the Member in the absence of the Commissioner.
Subdivision 5: "Council" means the governing body of a Member. In the case of municipalities,
this shall be the elected officials responsible for governing the city and for Minneapolis Park &
Recreation Board, its Board of Commissioners,
Subdivision 6: "Member" or "Member Community" means any city, county, or special purpose
government entity within the watershed that enters into this Agreement.
Subdivision 7: "Agreement"means this Agreement.
Subdivision 8: "Plan" means the Watershed Management Plan adopted by the Mississippi
Watershed Management Organization.
Subdivision 9: "Watershed" means the area contained within a line drawn around the extremities
of all terrain whose surface drainage is tributary to the Mississippi River and within the mapped
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areas reasonably demonstrated on the map identified as Appendix B, as defined within the legal
description identified in Appendix A.
Subdivision 10: "Act" means the Metropolitan Surface Water Management Act as found in
Minnesota Statutes, Sections 10313.201 to 10313.253.
Subdivision 11: "Budget" means a statement of the expected income and expenses of the
Organization for each Year. The Commission may divide the Budget into an Administrative
Budget, covering staff salary and benefits, Commission expenses, rent, office expenses and other
administrative expenses, and a Programs and Projects Budget, covering the programs and projects
of the Organization, including capital projects.
Subdivision 12: "Capital Improvement Project" means a physical improvement project required by
the Act to be included in the capital improvements program of the Plan.
Subdivision 13: "Majority" means greater than half of the quorum.
Subdivision 14: "Subwatershed" means a smaller geographic section of a larger watershed unit
with a drainage area the boundaries of which include all the land area draining to a point.
Subdivision 15: "Year" means from January 1 to December 31.
Subdivision 16: "Quorum" means the number of Commissioners or Alternates required to be
present for business to be legally transacted. This number shall be any number that is greater than
half of the Members. Any number less than a quorum may adjourn a scheduled meeting.
Subdivisoin 17: "Executive Director" means the Organization's administrator appointed by the
Commission.
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Article III
Board of Commissioners
Subdivision 1: The governing body of the Organization shall be its Commission, which shall
consist of seven (7) voting Commissioners. Each Commissioner shall have one vote. All
appointments to the Commission shall be in accordance with Minnesota Statutes, Section
103B.227. The Board of Water and Soil Resources shall be notified of all appointments and
vacancies of the Commission within 30 days. All vacancies shall be filled within ninety (90) days
after they occur. Notices of all vacancies and appointments shall be published in a legal
publication of the Members community appointing the Commissioner at least fifteen (15) days
prior to the appointment. Vacancies shall be filled for the remainder of the term by the Council
that appointed or had the right to appoint the Commissioner. With the exception of the City of
Hilltop, the Council of each Member shall appoint one (1) Commissioner to represent the Member
to the Commission. The Council of the City of Columbia Heights, after consultation with the
Council of the City of Hilltop, will appoint one (1) Commissioner to represent the Cities of
Columbia Heights and Hilltop. Each Commissioner shall serve until his or her successor is
appointed.
Subdivision 2: A Commissioner may not be removed from the Commission except for just cause
by the Council that made the appointment.
Subdivision 3: Member Councils may select and appoint alternates to the Commission in the same
manner as Commissioners. In the absence of a Member's Commissioner, the designated Alternate
may vote and act in the Commissioner's place. The Alternate shall serve a term concurrent with
the Member's Commissioner.
Subdivision 4: Each Member's Council shall, within thirty (30) days of appointment, file with the
Executive Director of the Commission a record of the appointment of its Commissioner and
Alternate. The Organization shall notify the Board of Water and Soil Resources of Member
appointments and vacancies within thirty(30) days after receiving notice from the Member.
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Subdivision 5: In accordance with Minnesota Statutes, Section 10313.227, the Council of each
Member shall determine the eligibility and qualifications of its Commissioner and Alternate.
However, the term of each Commissioner shall be the calendar year.
Subdivision 6: Regular meetings shall be held by the Commission periodically at the time and
place determined by the Commission pursuant to open meeting law, Minnesota Statutes, Chapter
13D.
Subdivision 7: At the first meeting of the Commission and each calendar year thereafter, the
Commission shall elect from its Members a chairperson, a vice chairperson, a treasurer, a
secretary, and such other officers as it deems necessary to conduct its meetings and affairs.
Subdivision 8: The Commission shall adopt those bylaws and procedures necessary for the
conduct of its meetings. Such rules may be amended at either a regular or special meeting of the
Commission provided that a ten (10) day prior notice of the proposed amendment has been
furnished to each Commissioner and Alternate to whom notice of meetings is required to be sent.
Subdivision 9: The Commission may create such committees, task forces or working groups as
needed to accomplish its mission.
Subdivision 10: The commission may set such compensation for its Commissioners as it deems
appropriate, provided such compensation does not exceed the compensation allowed for managers
of watershed districts under Minnesota Statutes, Section 103D.315, subd. 8. However, no
member's Council is prevented from providing compensation for its Commissioner for serving on
the Commission, if such compensation is authorized by such governmental unit and by law.
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Article IV
Powers and Duties of the Board of Commissioners
Subdivision 1: The Commission shall employ an Executive Director and may delegate to the
Executive Director any power or authority that may be delegated to a city manager in a Minnesota
Plan B statutory city. The Commission shall employ such other persons as it deems necessary to
accomplish its duties and powers. The Commission may hire staff on a full time, part time or
consulting basis. The Commission may also incur expenses and expenditures necessary and
incidental to the effectuation and/or implementation of its purposes and powers.
Subdivision 2: In order for the Commission to conduct business, a quorum must be present.
Decisions by the Commission require a majority vote of the quorum present.
Subdivision 3: The Commission shall have an established Citizen Advisory Committee and
Technical Advisory Committee to provide input and to serve in an advisory role.
Subdivision 4: The Commission shall review and approve a Local Water Management Plan for
each of its Member Communities as established under Minnesota Statutes, Chapter 10313.
Subdivision 5: The Commission may acquire, operate, construct, and maintain capital
improvement projects delineated in the Watershed Management Organization Watershed
Management Plan for the protection, enhancement, and improvement of the watershed.
Subdivision 6: The Commission shall make a reasonable attempt to assess the compatibility of
proposed capital improvement projects with other existing policies, programs, and projects within
the MWMO and across its boundaries. In particular, compatibility with neighborhood association
and community council plans in the project area should be considered. An informal review should
occur at least two months before the capital improvement project proposal is approved in the
MWMO budget.
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Subdivision 7: The Commission shall develop a comprehensive Watershed Management Plan to
meet the requirements of Minnesota Statutes, Chapter 103B. The plan shall establish
comprehensive goals and policies for the protection, enhancement, and improvement of the
watershed, and shall establish specific implementation strategies to realize these goals and policies.
Subdivision 8: The Commission shall have the power to contract with any governmental unit,
private or nonprofit association to accomplish the purposes for which it is organized.
Subdivision 9: The Commission has the authority to apply for, accept, and use grants, loans,
money or other property from the United States, the State of Minnesota, a unit of government or
any person or entity for the Organization. The Organization may use and dispose of such money or
property for any expenses/fees, policies, goals, capital improvement projects, or any use the
Organization deems necessary to pursue its goals and policies.
Subdivision 10: The Commission may establish and maintain devices for acquiring and recording
hydrologic and water quality data within the watershed.
Subdivision 11: The Commission may contract for, or purchase such insurance, as they deem
necessary for the protection of the Organization.
Subdivision 12: The Commission shall have the authority to invite governmental entities within the
area of the watershed to join the Organization. Furthermore, any governmental entities within the
area of the watershed may petition for membership in the Organization. The addition of new
Members shall require a majority vote of the Commission and appropriate resolution by current
Member Councils. The effective date shall be the date of filing by the last Council resolution
approving the addition. As Members are added to the Organization, there shall be created one
voting Commissioner.
Subdivision 13: The Commission has the authority to contract for the space, equipment, and
supplies to carry on its activities either with an individual Member or elsewhere.
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Subdivision 14: The Commission may investigate on its own initiative or upon petition of any
Member, complaints relating to the pollution of surface or ground water in the watershed. Upon a
finding that the watershed is being polluted, the Commission may take appropriate action to
alleviate the pollution including recommending enforcement and other regulatory actions to the
appropriate jurisdiction.
Subdivision 15: Commissioners and staff may enter upon lands within or without the watershed to
make surveys and investigations to accomplish the purposes, goals and policies of the
Organization. Such entrance shall occur after obtaining a duly executed search warrant, with
permission of the property owner, or when a search warrant for access to the property is not
required. The Commission shall be liable for actual damages resulting therefrom, subject to the
limitations of Minnesota Statutes, Chapter 466. Every person who claims damages shall serve the
Chair or Secretary of the Commission with a notice of claim as required by Minnesota Statutes,
Section 466.05. In accordance with Minnesota Statutes, Section 471.59, Subd. la(b) the
Organization is considered a single governmental unit and the total liability for the Members and
the Organization shall not exceed the limits on governmental liability for a single governmental
unit as specified in Minnesota Statutes, Secton 466.04, Subd. 1.
Subdivision 16: The Commission may vote to provide legal and technical assistance in connection
with litigation or other proceedings between one or more of its Members and any other political
subdivision, commission, board or agency relating to the planning or construction of capital
improvement projects approved by the Organization.
Subdivision 17: The Commission shall at least every 2 years solicit interest proposals for
professional or technical consultant services before retaining the services of a consultant or
extending annual service agreements.
Subdivision 18: The Commission may designate one or more national or state bank or trust
companies authorized by Chapters 118A or 427 of Minnesota Statutes to receive deposits of public
monies to act as depositories for the Organization's funds. No funds may be disbursed without the
signature of two officers. The Treasurer shall be required to file with the Secretary of the
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Commission a bond in the sum of at least $10,000 or such higher amount as shall be determined by
the Commission. The Commission shall pay the premium on said bond.
Subdivision 19: The Commission may acquire real or personal property, conduct programs and
projects, and exercise all other powers necessary and incidental to the implementation of the
purposes and powers set forth herein and to carry out the obligation of a watershed management
organization under the Act.
Subdivision 20: The Commission shall have the authority to adopt a budget, to decide on the total
amount necessary to be raised from ad valorem taxes to meet the budget and to certify its budget to
the county auditor of each county having territory within the watershed. Taxes may be levied for
any purpose authorized by the Act in accordance with procedures specified in the Act, and subject
only to the limitations set forth in the Act and this Agreement. The Commission shall also have the
authority to certify for payment by the counties all or any part of the cost of a capital improvement
contained in the capital improvement program of the Plan, in accordance with Minnesota Statutes,
Section 103B.251.
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Article V
Budget and Financial Matters
Subdivision 1: A proposed preliminary budget will be presented to the Commission at its July
meeting. The Commission shall hold at least one public hearing on the proposed preliminary budget
prior to adoption of the preliminary budget. At least 30 days' notice to Members and such other
public notice as is directed by the Commission shall be given prior to the hearing. The Commission
will hear all comments and objections to the proposed preliminary budget from any Member as well
as comments from the public. The Commission may adopt the preliminary budget as proposed or
modify or amend the preliminary budget. The Commission shall adopt a preliminary budget and a
proposed tax levy for the ensuing year on or before September 15 of each year. The preliminary
budget shall then be certified by the Executive Director of the Organization on or before September
15 to the clerk of each Member's Council and each of the County Auditors. The Commission shall
adopt a final budget and certify a tax levy to the Counties by December 31 of each year.
Subdivision 2: The Commission has the duty to make a full and complete financial accounting
report to each Member at least once annually. A certified public accountant shall perform
the audit of the Organization. The report shall include the approved budget; a reporting of
revenues; a reporting of expenditures; a financial audit report or section that includes a balance
sheet; a classification of revenues and expenditures; an analysis of changes in final balances; and
any additional statements considered necessary for full financial disclosure; and the status of all
Organization's projects and work within the watershed; copies of said report shall be transmitted to
the clerk, or appropriate staff member of each Member's Council.
Subdivision 3: Projects or other necessary expenditures that cannot be accomplished through the ad
valorem tax levy shall be addressed by mutual agreement of the affected Members outside of this
Agreement.
The Commission will endeavor to equitably apportion the expenditure of Commission funds for
projects and programs among the Members'jurisdictions, giving due regard to the financial
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contributions from tax levies within each Member's jurisdiction as well as the merit of each project
and program according to criteria established in the Plan or approved by the Commission.
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Article VI
Capital Projects
Subdivision 1: The Members recognize that on-going capital expenditures will be required to solve
some of the water resource problems within the watershed. For the purposes of this Agreement,
capital improvement projects are those determined necessary to implement the Organization's
Capital Improvement Program.
Subdivision 2: Capital Projects will be financed over the entire watershed.
Subdivision 3: In order to finance an approved capital improvement project, the Commission may
levy an ad valorem tax against the entire watershed.
Subdivision 4: Approval of capital improvement projects shall require a majority vote of the
quorum present and other such bodies as required by law. Capital improvement projects shall be
financed in accordance with Minnesota Statutes, Chapters 103B and 103D.
Subdivision 5: The Commission shall have the authority to prepare and adopt a Capital
Improvement Program as defined in Minnesota Statutes, Section 10313.205 Subd. 3 as part of the
Watershed Management Plan. The Capital Improvement Program shall set forth the schedule of
capital,projects identified in the Watershed Management Plan as well as designating Members for
participation in each project and estimating the total costs for such projects. Projects not identified
in the Watershed Management Plan shall not be included in the Capital Improvement Program
until and unless the Watershed Management Plan is amended to include such projects.
Implementation of the Capital Improvement Program will begin upon adoption of the Watershed
Management Plan subject to the availability of funding.
Subdivision 6: All capital improvement projects need to be listed in the Watershed Management
Plan.
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Subdivision 7: Funding for any and all capital improvement projects may only occur if the
project(s) is in the approved capital budget.
Subdivision 8: If a Member is responsible for the completion of a capital project, the
Organization's approved share of the project cost coming from its tax levy will be reimbursed to
the Member from actual tax revenues received in a manner agreed to. The Member being
reimbursed for project costs by the Organization shall agree to be responsible for providing any
requested documentation of costs requested by the Organization or its auditors.
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Article VII
Duration
Each Member agrees to be bound by the terms of this Agreement until January 1, 2031, and it may
be continued thereafter upon the agreement of all Members.
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Article VIII
Dissolution
Any Member may petition the Commission to dissolve the Organization. Upon thirty days advance
written notice to each Member, the Commission shall hold a hearing to consider dissolution of the
Organization. If a majority of the Commission votes in favor of dissolution, the Commission shall
submit a resolution for dissolution of the Organization for consideration by each Member's
Council, the board of each affected County and the Minnesota Board of Water and Soil Resources.
Each governmental unit shall have 90 days in which to consider dissolution of the Organization. If,
within 90 days of the date the notice was given, a majority of Members' Councils has ratified said
resolution; then the Organization shall be dissolved and this Agreement shall be terminated.
Upon dissolution, the Organization shall complete all work in progress and dispose of all property.
All property of the Organization shall be sold and the proceeds thereof, together with monies on
hand, shall be distributed to the eligible Members of the Commission as follows: assets shall be
apportioned and distributed in the percentage of the tax levy within the jurisdiction of each
Member received by the Organization in the preceding full calendar year.
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Article IX
Amendments
Any Member may recommend to the Commission amendments to this Agreement. Upon a
majority vote, amendments to this Agreement shall be forwarded by the Commission to its
Members' Councils. No amendment shall be effective until the amendment has been ratified by the
Council of each Member. The effective date of any amendment shall be the date on which the last
Member's Council ratifies the amendment and is filed with the Executive Director of the
Organization.
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Article X
Effective Date
This Agreement shall be adopted upon ratification by the Council of each Member and the
execution of the Agreement by each Member. Upon voting to ratify the Agreement, the clerk of
the Council of the ratifying Member shall file a certified copy of the resolution of the ratification
with the Executive Director of the Commission. The effective date of the Agreement shall be the
date on which the last Member to ratify files its resolution of ratification. Upon adoption of this
Agreement, the Executive Director shall supply to each Member and the Board of Water and Soil
Resources a copy of the Members' ratification resolutions and a copy of the signed Agreement.
IN WITNESS WHEREOF, the undersigned Members, by action of their Councils, have caused
this agreement to be executed in accordance with the authority of Minnesota Statutes Sections
10313.211 and 471.59.
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Appendix A: Legal Description
247575 CLL MD160-1
Appendix A
Revised 1/25/12
All the land lying within the following described boundaries:
'Commencing at the intersection of E Hennepin Av (a/k/a Larpenteur Av) and the E City Limits of
the City of Minneapolis; th N on said E City limits and its Nly extension to 33rd Ave NE and Old Hwy 8;
th S Wly along Old Hwy 8 to 31 st Av NE; th Wly along 31 st Av NE to Rankin Dr; th N along Rankin Dr
to 33rd Av NE; th W along 33rd Av NE to Silver Lake Rd; th N along Silver Lake Rd to 36th Av NE; th
W along 36th Av NE to Roosevelt St NE; th N along Roosevelt St NE to 37th Av NE; thence on the
boundary between Hennepin and Ramsey Counties westerly on the centerline of 37th Avenue NE;
continuing on the line between Hennepin and Anoka Counties and between the City of Minneapolis and
the City of Columbia Heights westerly on the centerline of 37th Avenue NE to the intersection with the
centerline of Hayes Street NE; thence in the City of Columbia Heights, Anoka County, northerly on the
centerline of Hayes Street NE to the intersection of the centerline of 39th Avenue; thence westerly on the
centerline of 39th Avenue to the intersection with the centerline of Johnson Street; thence northerly and
northeasterly on the centerline of Johnson Street to the intersection with the centerline of 40th Avenue;
thence westerly on the centerline of 40th Avenue to the intersection of the centerline of 40th Avenue to
the intersection of the centerline of Polk Street; thence northeasterly on the centerline of Polk Street to the
intersection of the centerline of Arthur Street NE; thence northerly and northeasterly on the centerline of
Arthur Street NE to the intersection with the centerline of 45th Avenue; thence easterly on the centerline
of 45th Avenue to the northeast corner of Section 36, Township 30 North,Range 24 West; thence on the
.boundary between Anoka and Ramsey Counties and the City of Columbia Heights and the Village of
New Brighton northerly on the west line of Section 30, Township 30 North, Range 23 West to the
southeast corner of the corporate area of the City of Fridley; thence on the boundary between the City of
Columbia Heights and the City of Fridley westerly in the north half of Section 25, Township 30 North,
Range 24 West to the intersection with the centerline of Matterhorn Drive; thence in the City of Fridley
northerly on the centerline of Matterhorn Drive to the centerline of Interstate Highway 694; thence
westerly on the centerline of Interstate Highway 694 to the intersection with the centerline of State
Highway No. 65; thence northerly on the centerline of State Highway No. 65 to the southerly intersection
of the centerline of West Moore Lake Drive; thence westerly and northerly on the centerline of West
Moore Lake Drive to the intersection with the centerline of 61 st Avenue NE; thence westerly on the
centerline of 61 st Avenue NE to the intersection of the centerline of 7th Street; thence northerly on the
centerline of 7 th Street to the intersection with the centerline of Mississippi Street; thence westerly on the
Revised on 7-21-08 using kennedy-graven legal file#MD160-1 dated Mai. 16`h 2006 ]
centerline of Mississippi Street, continuing westerly on the centerline of Mississippi Way to the
intersection with the centerline of East River Road; thence northerly on the centerline of East River Road
to the intersection with the extension of the northerly line of R.L.S. (Registered Land Survey)No. 19;
thence westerly on the extension of the northerly line of R.L.S. No. 19 to the centerline of the Mississippi
River," thence southerly along the centerline of the Mississippi River to the Ely extension of 53rd AV N;
th Wly along Ely extension of 53rd AV N to James AV N; th S along James AV N to 52 AV N;th E along
52 AV N to the alley between Humboldt AV N and Irving AV N; "'th S along said alley to 51 st AV N; th E
along 51 st AV N to Humboldt AV N; th S on Humboldt AV N to 50th AV N; th E along 50th AV N to
Fremont AV N; th S along Fremont AV N to 49th AV N; th E. along 49th AV N to Emerson AV N; th S
along Emerson AV N to 47th AV N; th E along 47th AV N to alley between Colfax and Bryant Avs N; th S
along said alley to 46th AV N; th E along 46th AV N to Camden AV N; th S along Camden AV N to 45th
AV N; th E along 45th AV N to the center line of the Mississippi River;th Sly along the center line of the
Mississippi River to the Ely extension of 41 st AV N; th W along 41 st AV N and its Ely extension to
Bryant AV N; th N along Bryant AV N to 42nd AV N; th W along 42 AV N to Emerson AV N; th S along
Emerson AV N to 41 st AV N; th E along 41 st AV N to Dupont AV N; th S along Dupont AV N to 39th AV .
N; th W along 39th AV N to Emerson AV N; th S along Emerson AV N to Dowling AV N; th W along
Dowling AV N to Knox AV N; th S along Knox AV N to the center line between 36th and 37th Avs N; th
E along said center line to Humboldt AV N; th S along Humboldt AV N to 35th AV N; th W along 35th AV
N to James AV N; th N along James AV N to 36th AV N; th W along 36th AV N to Logan AV N; th S along
Logan AV N to 35th AV N; th W along 35th AV N to Morgan AV N; th S along Morgan AV N to 33rd AV
N; th E along 33rd AV N to the alley between James and Knox Avs N; th S along said alley to Lowry AV
N; th E along Lowry AV N to James AV N; th S along James AV N to 30th AV N; th E along 30th AV N to
Fremont AV N; th S along Fremont AV N to 29th AV N; th W along 29th AV N to the alley between
Fremont and Girard Avs N; th*S along said alley to 27th AV N;th W along 27th AV N to the alley
between Humboldt and Irving Avs N; th S along said alley to 26th AV N; th W along 26th AV N to Irving
AV N; th S along Irving AV N to 25th AV N; th E along 25th AV N to Humbolt AV N; th S along extension
of Humbolt AV N to 23rd AV N; th W along 23rd AV N to Irving AV N; th NWIy along Irving AV N to
Ilion AV N; th SWIy along Ilion AV to Hillside AV; th NWIy along Hillside AV to the alley between James
and Logan Avs N; th SWIy along said alley to the EW alley lying between Lots 72 and 73, Blk 19, Forest
Heights Addn to Minneapolis; th W along last described alley to W Broadway and Oliver AV N; th Sly
along Oliver AV N to 21 st AV N; th W along 21 AV N to Penn AV N; th S along Penn AV N to center line
between 16th and 17th Avs N th are lying W of Penn AV N; th W along said center line to Queen AV N;
th S along Queen AV N Plymouth AV N; th W along Plymouth AV N to Russell AV N; th S along Russell
Revised on 7-21-08 using kennedy-graven legal file#MD160-1 dated May 16`h 2006 2
Av N to 12th Av N; th E on 12th Av N to Queen Av N; th S on Queen Av N to 81h Av N; th W on 81h Av N
to Russell Av N; th S on Russell Av N to 4th Av N; th E on 4th Av N to Logan Av N; th S on Logan Ave
N to 3`d Av N; th W on 3`d Av N to Gramercy Av; th Swly on Gramercy Av to 2nd Av n; th SEIy on 2nd
Av N to Cedar Lake Road N; th NEIy on Cedar Lake Road N to 2nd Av N; th E on 2nd Av N to Market St
N; th extending S from Market St N to the intersection with the SEIy property line of the Hennepin
County Regional Rail Authority r/w(f/k/a the Chicago, Milwaukee, St Paul and Pacific Railroad); (th .
SWIy along the the SEIy property line of the Hennepin County Regional Rail Authority r/w to Linden
Av;) th SWIy along Linden Av to Dunwoody Blvd; th S and SEIy along Dunwoody Blvd; to vacated
Emerson Av S th SWIy along vacated Emerson Av S to Kenwood Pkwy; th SWIy along Kenwood Pkwy
to Summit Pl; th Swly along Summit Pl to Mount Curve; 'th Ely along Mt Curve Av to the centerline of
Colfax Av S;th S along Colfax Av S to W Franklin Av; th W on W Franklin Av to Dupont Av S; th S on
Dupont Av S to 22nd St W; th W on 22"d St W to Emerson Ave S; th S on Emerson Av S to 24th St W; th
W on 24th St W to Irving Av S; th N on Irving Av S to Lake Pl; th SWIy on Lake Pl to 26th St W; th Ely
on 26th St W to Hennepin Av; th NEIy on Hennepin Av to 22nd St W; the E on 22nd St W to Bryant Av S;
th S on Bryant Av S to 27th St W; th E on 27th St W to Lyndale Av S; th N on Lyndale Av S to 26th St W;
th E on 26th St W to Garfield Av S; th N on Garfield Av S to 25th St W;th E on 25th St W to Pillsbury Av
S; th S on Pillsbury Av S to 291h St W; th W on 291h St W to Pleasant Av S; th S on Pleasant Av S to the
north r/w of the Hennepin County Regional Rail Authority; th W on the north r/w of the Hennepin County
Regional Rail Authority to Dupont Av S; th N on Dupont Av S to 28th St W; th W on 28th St W to
Fremont Av S; th S on Fremont Av S to the north r/w of the Hennepin County Regional Rail Authority; th
W on the north r/w of the Hennepin County Regional Rail Authority to Hennepin Av; th S on Hennepin
Av to tThe Mall; th W on tThe Mall to Humboldt Av S; the S on Humboldt Av S to Lake St W; th E on
Lake St W to Lyndale Av S; th N on Lyndale Av S to the south r/w of the Hennepin County Regional
Rail Authority; th E on the south r/w of the Hennepin County Regional Rail Authority to Harriet Av S; th
S on Harriet Av S to 31St St W; th E on 31 st St W to Grand Av S; th N on Grand Av S to the south r/w of
the Hennepin County Regional Rail Authority; th E on the south r/w of the Hennepin County Regional
Rail Authority to Pleasant Av S; th S on Pleasant Av S to 32nd St W; th E on 32nd St W to Pillsbury Av S;
th S on Pillsbury Av S to 34th St W;th W on 34th St W to Grand Av S; th S on Grand Av S to 35th St W;
th W on 35th St W to Colfax Av S; th N on Colfax Av S to 33`d St W; th W on 33`d St W to Fremont Av S;
th S on Fremont Av S to 34th St W; th W on 34th St W to Hennepin Av; th S on Hennepin Av to 35th St W;
th W on 35th St W to Irving Av S; th S on Irving Av S to 36th St W; th E on 36th St W to King's Highway;
th S on King's Highway to 42nd St W;th E on 42nd St W to Bryant Av S; th N on Bryant Av S to 41St St
W; th E on 41St St W to Garfield Av S; th S on Garfield Av S to 43`d St W; th E on 43`d St W to Harriet
Revised on 7-21-08 using kennedy-graven legal file#MD160-1 dated May 16th 2006 3
Av S; th S on Harriet Av S to 44th St W; th W on 44th St W to Lyndale Av S; the S on Lyndale Av S to
45th St W; th W on 45th St W to Aldrich Av S; th S on Aldrich Av S to 47th St W; th W on 47th St W to
Bryant Av S; th S on Bryant Av S to 491h St W; th E on 491h St W to Pleasant Av S; N on Pleasant Av S to
48th St W; th E on 481h St W to SteN ens Av S; th S on Stevens Av S to 50th St E; th E on 50th St E to 2nd
Av S; th N on 2nd Av S to 42nd St E; th E on 42nd St E to Chicago Av S; th N on Chicago Av S to 41 St St
E; th W on 41 St St E to Oakland Av S; th N on Oakland Av S to 401h St E; th E on 40th St E to Chicago Av
S; th N on Chicago Av S to 38th St E; th W on 381h St E to Portland Av S; th N on Portland Av S to 37th St
E; th E on 37th St E to Oakland Av S; th N on Oakland Av S to 36th St E; th E on 36th St E to Columbus
Av S; th N on Columbus Av S to 35th St E; th W on 35th St E to Oakland AN S; th N on Oakland Av S to
34th St E; th W on 34th St E to 4th Av S; th N on 4th Av S to 33rd St E; th E on 33rd St E to 5th Av S; th N
on 5th Av S to 32nd St E; th E on 32nd St E to Portland Av S; th N on Portland Av S to 31St St E; th E on
31St St E to 10th Av S; th S on 10th Av S to the N line of Powderhorn Park; th E along the N line of
Powderhorn Park to 11th Av S; th N on 11th Av S to 291h St E; th E on 29th St E to 13th Av S; th S on 13th
Av S to Lake St E; th E on Lake St E to 14th Av S; th s on 14th Av S to 32nd St E; th E on 32nd St E to 16th
Av S; th N on 16th Av S to Lake St E; th E on Lake St E to 19th Av S; th S on 19th Av S to 31St St E; th E
on 31 st St E to 21St Av S; th S on 21St Av S to 32nd St E; th W on 32nd St E to 20th Av S; th S on 20th Av S
to 35th St E; th E on 35th St E to 22nd Av S; th S on 22nd Av S to 37th St E; th E on 37th St E to 24th Av S;
th S on 24th Av S to 38th St E; th E on 38th St E to Hiawatha Av; th SEly on Hiawatha Av to Nawadaha
Blvd; th NEly on Nawadaha Blvd to the east r/w of the Soo Line RR (formerly Chicago, Milwaukee, St.
Paul & Pacific Railroad); th NWIy the east r/w of the Soo Line RR (formerly Chicago, Milwaukee, St.
Paul & Pacific Railroad) to 46th St E; th E on 46th St E to Snelling Av S; th NWIy on Snelling Av S to 44th
St E; th E on 44th St E to 40th Av S, th S on 40th Av S to 45th St E; th E on 45th St E to 42nd Av S; th N on
42nd Av S to 44th St E; th E on 44th St E to 46th Av S; th S on 46th Av S to 46th St E, th E on Ford Pkwy to
the east.boundary of the City of Minneapolis'i; th Nly along the centerline of the Mississippi River to the
Sly extension of Emerald St; th N along the Sly extension of Emerald St and Emerald St , being the
easterly boundary line of the City of Minneapolis and the County of Hennepin, to the center line of
Territorial Rd; th Ely to the southerly extension of the most westerly lines of Lots 2 and 3, Block 3 of
West Gate Addition projected to the center line of Territorial Rd; th Nly along the southerly extension of
the most westerly lines and the most westerly lines of Lots 2 and 3, Block 3 of West Gate Addition to the
north line of the northwest quarter of the southwest quarter of Section 29, Township 29, Range 23; th Ely
19.43 feet along the extention of and the north line of the northwest quarter of the southwest quarter of
said Section 29 to the most easterly of the west lines of Lots 1 and 2, Block 3 of the West Gate Addition;
th Nly along the west line of Lots 1 and 2, Block 3 of the West Gate Addition and the center line of
Revised on 7-21-08 using kennedy-graven legal file 4 MD160-1 dated May 16`h 2006 4
vacated Berry St to the southeast corner of Outlot D of the West Gate Addition, said corner being on the
center line of vacated Berry St; th Nly along the east line of said Outlot D 104.36 feet to the northeast
corner of said Outlot D and the south line of Outlot C of the West Gate Addition; th NEIy along the south
line of said Outlot C and the southwesterly extention of the south line of Outlot A of the West Gate
Addition and the south line of said Outlot A to the southeast corner of said Outlot A; th Sly from the
southeast corner of said Outlot A along the east line of the southwest quarter of the northwest quarter of
Section 29, Township 29, Range 23 to southerly right-of-way line of the U of M Transit Way; th NEIy
along the southerly right-of-way line of the U of M Transit Way to the intersection of the northerly line of
Robbins St and the westerly line of Marvel St; th NEIy in a straight line across the U of M transit Way to
the intersection of the center line of Kasota Ave and the east line of the northwest quarter of Section 29,
Township 29, Range 23; th Nly along the east line of said northwest quarter of Section 29 to northerly
right-of-way line of the Burlington Northern Railroad, formerly the Northern Pacific Railroad, th NWly
along the northerly right-of-way line of the Burlington Northern Railroad to the southerly extention of the
center line of Eustis St; th Nly along the southerly extention of the center line and the center line of Eustis
St to E Hennepin Ave; v"th Wly along E Hennepin Ave to the intersection of E Hennepin Av(a/k/a
Larpenteur Av) and the E City Limits of the City of Minneapolis.
'Continue of boundary with Rice Creek WD
"End of boundary with Rice Creek WD,start boundary with West Mississippi WMO
End boundary with West Mississippi WMO,start boundary with Shingle Creek WMO
'°End boundary with Shingle Creek WMO,start boundary with Bassett Creek WMO
End boundary with Bassett Creek WMO,start boundary with Minnehaha Creek WD
"'End boundary with Minnehaha Creek WD,start boundary with Capitol Region WD
°"End boundary with Capitol Region WD,start boundary with Rice Creek WD
Revised on 7-21-08 using kennedy-graven legal file#MD 160-1 dated May 16'h 2006 5
P
Appendix B: Mississippi Watershed Management Organization Map
CLL-247575v2
MD160-1
247575 CLL MD160-1